News and Events for Attorneys and Executives

Insurance

Federal Appeals Court Upholds $9.5 Million Judgment for Encompass Office Solutions

News
The appellate court found that BlueCross BlueShield of Louisiana failed to properly reimburse Encompass Office Solutions for in-office medical procedures.

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Why Do I Want/Need a Waiver of Subrogation?

Insight
Ira Meislik of Meislik & Meislik, writing in the firm’s Ruminations real estate law blog, examines the use of subrogation clauses in real estate leases in relation to insurance policies.

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New York Regulator Subpoenas Insurance Broker Over Trump Organization Dealings

New York Regulator Subpoenas Insurance Broker Over Trump Organization Dealings

News
The subpoena came after former Trump lawyer Michael Cohen told Congress the president inflated the value of assets to insurers, according to Reuters.

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Texas Supreme Court Ruling on Attorney-Client Privilege Can Benefit Insurers

News
The ruling is significant to Texas because it aligns the state with the federal rules on expert disclosure and production.

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Service Contracts and the Magnuson-Moss Warranty Act

Insight
Although service contracts mirror many of the features of traditional insurance products, most states expressly exclude them from the statutory definition of insurance, according to an article by two Locke Lord lawyers.

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Proposal for Flood-Prone Areas Would Affect Texas Consumers and Insurance Industry

News
A bill filed in the Texas Senate would require home sellers to disclose if their property is in a flood-prone area or if it has already flooded.

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‘An’ Versus ‘Any’: When One Word Makes a Profound Difference in an Insurance Contract

Insight
The words “the,” “an” and “any” have been assigned significant importance in the case law, and are also at issue in cases examining other liability exclusions, according to Jones, Skelton & Hochuli.

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PG&E’s Legal Exposure to Liability for Fires Could Cost Customers – Or Lead to Bankruptcy

PG&E’s Legal Exposure to Liability for Fires Could Cost Customers – Or Lead to Bankruptcy

News
If Pacific Gas and Electric Company is found liable for the devastating California fires now burning, the company’s customers could be on the hook to pay the bill, or even lead to a PG&E bankruptcy, according to The New York Times.

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IADC Journal Covers Asbestos, Punitive Damages and Manufacturers’ Legal Hurdles

Insight
The International Association of Defense Counsel (IADC) has published its fourth quarter 2018 Defense Counsel Journal (DCJ) with scholarly articles that explore current trends in the practice of law.

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Company Couldn’t Cut Disabled Worker’s Benefits, So It ‘Went Rogue’ and Had Him Arrested, Lawyer Says

News
An attempt to prosecute a man drawing disability payments for an on-the-job injury drew a withering rebuke from a judge, and now the man is suing the insurance company for malicious prosecution.

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5 Insurance Tips Before the Storm Hits

Insight
Dallas insurance litigator Meloney Perry of Perry Law P.C. offers some storm insurance tips to keep in mind before and after a storm hits.

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Feds Settle Huge Whistleblower Suit Over Medicare Advantage Fraud

News
MedCity News reports that one of the nation’s largest dialysis providers will pay $270 million to settle a whistleblower’s allegation that it helped Medicare Advantage insurance plans cheat the government for several years.

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Florida Supreme Court Deals Blow to Geico in ‘Bad Faith’ Dispute

News
The 4-3 ruling came in a multimillion-dollar case that has been watched by the insurance industry and trial attorneys.

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Texas Court Construes Breach of Contract Exclusion Narrowly in Duty-to-Defend Case

Insight
A recent decision from the Western District of Texas narrowly construed a common breach-of-contract exclusion and held that the insurer had a duty to defend its insured against an underlying lawsuit over construction defects, according to the Hunton Insurance Recovery Blog.

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State Farm Ducks Racketeering Trial With $250 Million Accord

News
Policyholders had accused the company of leading an effort to recruit a judge friendly to its cause for the Illinois Supreme Court, Bloomberg reports.

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Parking Garage Collapse: What Car Owners With Damaged Vehicles Should Consider

News
When it comes to repairing cars damaged in a commercial parking garage collapse, owners should consider going through their car insurance carriers first, says a Dallas lawyer.

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Negotiating Commercial Contracts – Insurance Words of Wisdom

Negotiating Commercial Contracts – Insurance Words of Wisdom

Insight
Many commercial contracts contain risk-transfer provisions, including indemnification and insurance requirements, according to SandRun Risk.

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Lawyer Who Tried to Bilk Insurance Companies Out of $300,000 Sentenced to Prison

News
The Tarrant County district attorney said that Richard Kent Livesay schemed to bill insurers for fraudulent hailstorm damage to roofs without the knowledge or consent of homeowners.

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Dallas Firm Secures $166M Verdict in Fort Worth Murder-for-Hire Case

News
Attorneys for Dallas-based Fears Nachawati Law Firm have secured a $166 million verdict against the daughter and son-in-law of a North Texas woman who was killed in 2014 for the proceeds of life insurance policies totaling $5 million.

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McKool Smith Wins the Most ‘Top 100 Verdicts’

McKool Smith Wins the Most ‘Top 100 Verdicts’

News
In 2002, The National Law Journal published its first annual listing of the nation’s ‘Top 100 Verdicts.’ Since that time, no law firm in the country has won more Top 100 Verdicts than McKool Smith.

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